Category: Cause: Bill of Rights

Hate speech constitutionality: Final decision delivered

Qwelane v SA Human Rights Commission Constitutional Court in considering the constitutionality of hate speech unanimously decided to set aside the order of the SCA and inter alia declared that section 10(1) of the Equality Act...

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Shall means may: Contextual construction necessary

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Privacy rights confirmed: Surveillance and interception?

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

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Unlawful agreement concluded: Invalid and not binding

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Magistrate recusing himself: Reviewed and set aside

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

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Good faith principle: Informed understanding of rights

Mitsubishi Hitachi Power Systems Africa (Pty) Ltd v Murray and Roberts Ltd Good faith principle enforced and refusal to disclose fails to accord with requirements of good faith, cooperation and trust because it would leave...

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Hate speech appeal: Arguments on appeal

Qwelane v SA Human Rights Commission Hate speech appeal was argued in the Constitutional Court concerning the judgment of the Supreme Court of Appeal dated 29 November 2019 and we now know that judgment will handed down on 30...

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Adopting holistic approach: Balancing interests

A G v L G High Court adopted a holistic approach in exercising a discretion when considering the approach to the husband contributing to the costs but cautioned that an equality of arms must be ‘balanced with maintaining...

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Negative obligation imposed: Right to basic education

AB v Pridwin Preparatory School Negative obligation imposed and new rule developing the common law under section 8(3)(a) of the Constitution, that was non-existent  under the common law or in terms of any prior legislation, by...

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Public policy grounds: Contract – Froneman J dissent

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Reciprocal contractual obligations: Duty to disclose transfer?

Maoke v Telkom (Soc) Ltd (CPIC) Reciprocal contractual obligations of trust and confidence arise impliedly and have been accepted by the SCA as part of our law and in this matter the claim should have alleged that Telkom...

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Falsely disparaging rival: Unlawful competition interdicted

Nativa (Pty) Ltd v Austell Laboratories (Pty) Ltd SCA considered a competitor falsely disparaging a rival and allowed the appeal and confirmed what was said as far back as 1887 ‘Fair and honest competition, however active, is...

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